Weld County Attorney for Escape Charges
It is simple to be charged with Escape in Weld, Morgan, or Logan County. This offense doesn’t require you break out prison or jail in a cinematic fashion. Escape – C.R.S. 18-8-208, can actually be committed quite easily. The severity of this offense ranges from a class 1 petty offense all the way up to a class 2 felony. The distinction of this charge depends on whether or not you had been convicted of a crime before the escape, and the seriousness of the offense for which you were in police custody to begin with.
How Can I Be Charged with Escape?
As we have said, it doesn’t take the planned escape from a secure facility in order to be charge with Escape in Greeley, Evans or Erie. Escape is defined under Colorado statute as taking place when a person departs from police (law enforcement) custody, a jail, or a prison. Technically, once you have been arrested, you are “in the custody” of the police. So, if a police officer says you are “under arrest” and you run away – you could face charges of Escape. An officer could tell you to “sit down and wait here – you are under arrest.” If you left, you would be charged with Escape. This offense doesn’t require you to be behind bars.
Escape Definitions are Vague
If you leave a prison or a jail after you have been arrested by Fort Lupton, Berthoud, or Johnstown police, it is obvious you would be charged with Escape. Unfortunately, because the statute is vague, you could be charged under more innocent circumstances. For example, if a person is on work release, and they fail to return to the jail in the evening or they get back late, they could be charged with Escape. It is up to the discretion of the police involved. Or, let’s say a person who is in Community Corrections doesn’t return after a medical care or work release. Is this a crime? If an inmate fails to return after a furlough (which is granted for inmates to visit a dying family member or attend a funeral), or in one of the situations described above, could they be charged with Escape? This offense is difficult to define, and gray areas create confusion.
Escape Calls for Mandatory Jail or Prison Time
It is important to understand that a judge is not allowed to grant probation to any person convicted of Escape. Colorado statute states:
Because of this mandatory sentencing, it is important to work with an experienced criminal defense attorney. In order to avoid prison or jail, you must win at trial, or work out a no-jail plea agreement. The attorneys at our office understand what judges and District Attorneys are looking for, and can defend your rights and freedoms.